San Diego Municipal Code Div. 12 Excavations in the Public Right-of-Way

(“Excavation Fees” added 9-22-2003 by O-19215 N.S.) (Retitled to “Excavations in the Public Right-of-Way” and amended 1-2-2013 by O-20231 N.S.) (Retitled from “Excavations in the Public Right-of-Way” to “Excavations in the Public Right-of-Way” on 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

This Division shall govern excavation in the public right-of-way within the City. Excavations degrade and shorten the life of the sidewalks, roads and facilities within the public right-of-way. The purpose of this Division is to provide policies and procedures to facilitate excavation in the public right-of-way, while minimizing damage to public infrastructure and ensuring public safety. It is the further purpose of this Division to establish cost recovery mechanisms for all costs to the City resulting from excavations in the public right-of-way. (“Findings and Purpose” added 9–22–2003 by O–19215 N.S.) (Retitled to “Purpose” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)

The City Engineer may adopt such orders or regulations necessary to implement this Division and to preserve and maintain the public health, safety, welfare, and utility of the public right-of-way. Each excavation in the public right-of-way shall be performed in accordance with City Adopted Standards, specifications, orders, and regulations, unless the City Engineer grants prior written approval to deviate from any such standards, specifications, orders, or regulations. The City Engineer shall develop and maintain guidelines to implement the approval of any deviations and shall document such deviations. (“Definitions” added 9–22–2003 by O–19215 N.S.) (Retitled to “Departmental Orders and Regulations” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

For purposes of this Division, the definitions in San Diego Municipal Code (Municipal Code) section 62.1102 apply. In addition, the following definitions apply in this Division:

Alley has the same meaning as provided in Municipal Code section 113.0103, as may

be amended.

Asphalt overlay means the process of milling the existing pavement and installing a

new layer of asphalt on top of the milled surface.

Decorative surface means any non-standard surface on the public right-of-way such as ceramic tile, concrete pavers, stamped concrete, painting, or other surface using a unique treatment.

Emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.

Excavation influence area means the area that is impacted by the excavation as determined by the City Engineer and extends around the perimeter of the excavation as set forth in the chart in Municipal Code section 62.1209.

Exploratory excavation means a limited excavation, not to exceed 3 feet by 3 feet unless authorized by the City Engineer, to determine the actual vertical and horizontal location of underground facilities.

Facility owner means the public utility or other person that owns, controls, or is otherwise responsible for a facility or facilities within the public right-of-way.

Hazardous material means any gas, material substance, or waste which, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety to the environment.

Major excavation means an excavation involving a trench greater than 6 inches in width or greater than 3 feet in depth.

Markout means a marking on the pavement that identifies the type and approximate horizontal location of underground facilities.

Minor excavation means an excavation involving a trench 6 inches or less in width and 3 feet or less in depth.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

Moratorium street means any street, or portion thereof, that is newly constructed, or has been reconstructed or asphalt overlayed in the preceding three-year period or slurry sealed in the preceding one-year period. Moratorium streets will not include streets where the asphalt overlay or slurry seal does not extend from curb to curb or between intersections.

Municipal excavator means an excavator that is an agency, board, commission,
department, or subdivision of the City, or other municipality or public agency that
owns, installs, or maintains a facility or facilities in the public right-of-way.

New Service means a new connection from an existing underground facility to a
specific customer site.

Non-linear excavation means an excavation for accessing an existing facility and is
no more than 18 inches around the access hole, vault, or other similar substructures
required to access the existing facility.

Slurry seal means a pavement preservation method consisting of asphalt emulsion
and aggregates.

Trenchless Technology means any method, including drilling, auguring, boring, and
tunneling, material, equipment, technique, or combination thereof that can be used to
install, replace, renew, or repair underground infrastructure with minimal surface
disturbance.

Underground Service Alert means the state-mandated agency responsible for, after
receiving notice of a planned excavation, notifying all public utilities that have
underground installations in the public right-of-way prior to an excavation.
(“Three Year Moratorium on Resurfaced Public Rights-of-Way” added 9–22–2003
by O–19215 N.S.)
(Retitled to “Definitions” and amended 1-2-2013 by O-20231 N.S.; effective
2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(a) Excavators seeking to perform work in the public right-of-way shall notify Underground Service Alert of the planned excavation and obtain a utility markout prior to excavation as required by California Government Code sections 4216-4216.24, as may be amended.

(b) All excavators shall give notice to Underground Service Alert as required by
California Government Code section 4216.2, as may be amended, before any
excavation, including exploratory excavations, is commenced.

(c) If an emergency arises requiring immediate action, Underground Service Alert
shall be notified within 24 hours.

(d) Markouts shall not be placed in the public right-of-way more than 14 days
prior to the commencement of excavation work. If the excavation work is not
commenced within 14 days of the placement of the markout, the markout
shall be immediately removed by the excavator.

(e) Excavators shall remove markouts from all surfaces in the public right-of-
way, including from decorative surfaces, concurrently with required pavement
restoration.
(“Moratorium on Slurried Public Rights-of-Way” added 9–22–2003 by
O-19215 N.S.)
(Retitled to “Coordination of Excavation” and amended 1-2-2013 by O-20231 N.S.;
effective 2-1-2013.)
(Retitled from “Coordination of Excavations” to “Markouts” and amended 8-8-2023
by O-21701 N.S.; effective 1-1-2024.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

It shall be unlawful for any person or public utility to excavate within the roadway section of a street in the public right-of-way without a valid Public Right-of-Way Permit issued in accordance with Municipal Code section 129.0741. Notwithstanding Chapter 12, Article 9, Division 7 of this Code, a Public Right-of-Way Permit to excavate within the public right-of-way shall be void if the excavation has not begun within 90 calendar days of the start date specified in the permit. (“Excavation Fee” added 9–22–2003 by O–19215 N.S.) (Retitled to “Duration of a Public Right-of-Way Permit to Excavate Within a Public Street” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

(a) Excavations shall not be permitted in a moratorium street without a valid moratorium waiver, regardless of whether the moratorium was active prior to a required application for a Public Right-of-Way Permit. The moratorium period for the moratorium street begins upon the acceptance of a newly constructed or reconstructed street by the City Engineer, or completion of the asphalt overlay or slurry seal.

(b) The excavation moratorium does not apply to:

(1) a raised median located within a moratorium street; or

(2) alleys.
(“Resurface Agreement” added 9–22–2003 by O–19215 N.S.)
(Retitled to “Moratorium Streets” and amended 1-2-2013 by O-20231 N.S.; effective
2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

The City Engineer may upon written request grant an excavation moratorium waiver. The City Engineer may place additional conditions on a Public Right-of-Way Permit as a condition of granting a waiver under Municipal Code section 62.1207. Any excavation performed on a moratorium street as part of a moratorium waiver shall follow the applicable restoration process in Municipal Code sections 62.1209 or 62.1210. The City Engineer may grant an excavation moratorium waiver only upon making a written finding that the excavation is necessary because of one or more of the following reasons:

(a) An emergency exists that requires excavation to remediate the emergency.

(b) The public utility has demonstrated to the City Engineer’s satisfaction that New
Service to a specific location does not require excavation exceeding 500 linear
feet from the existing main, except as authorized or required by applicable
federal or state law, decisions, orders, and regulations, and cannot be provided:

(1) through existing conduit;

(2) through trenchless technology because of:

(A) soil conditions;

(B) proximity of facilities; or

(C) the use of trenchless technology is impractical due to costs
when compared to trenching and resurfacing performed in
accordance with approved standards; or

(3) from another location.

(c) The installation or relocation of facilities by a non-government owned public
utility is required by the City or county, state or federal government for a
reason other than the establishment of an underground utility district
established under Municipal Code section 61.0501.

(d) Only a non-linear excavation or exploratory excavation will be conducted.
The City Engineer may authorize a larger exploratory excavation. Such
authorization is at the City Engineer’s sole discretion, and must be made in
writing signed by the City Engineer.

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(e) The excavation is part of construction of new surface features that results in the permanent removal of existing pavement, where the impact to surrounding pavement is limited to the area required for temporary installation of materials needed for construction of median, sidewalk, curb and gutter, and similar surface improvements.

(f) The work is to repair or correct defects that occur within the warranty period
after the street has been asphalt overlayed or slurry sealed.

(g) The work involves trenching through an intersection of a moratorium street
where such work is necessary to complete a project on a cross street.

(h) The excavation is part of a funded and planned project scheduled in the City’s
digital coordination system that was waiting for a moratorium street to be out
of the moratorium period, but the moratorium period was extended because a
moratorium waiver was granted to another excavator for one of the reasons
listed in (a) through (g).
(“Excavation Warranty” added 9–22–2003 by O–19215 N.S.)
(Retitled to “Excavation Moratorium Waivers” and amended 1-2-2013 by O-20231
N.S.; effective 2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

The following restoration requirements apply to excavations in the public right-of- way:

(a) If the sidewalk, street, alley, or other public right-of-way is to be excavated,
the excavator shall restore or cause to be restored such excavation in the
manner prescribed by City Adopted Standards and any applicable permit
requirements.

(b) Excavators shall restore pavement at the end of each day with pavement
material that shall be maintained flush with the adjacent pavement such that
the excavation may be safely accessed by all users. If surfacing material
cannot be installed at the end of each day, then all intersections, pedestrian
crossings, and other locations as required by the City Engineer shall be
secured with structural trench plates.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(c) All damaged pavement shall be restored with surfacing materials which match
both the surface and the structural strength of the adjacent surface and meet
City Adopted Standards.

(d) All pavement shall be restored with permanent surfacing material within
60 calendar days of a major excavation. All pavement restoration for minor
excavations shall adhere to City Adopted Standards.

(e) If the excavation and related work impacts a curb at a pedestrian street
crossing where no curb ramp exists, then this activity constitutes an alteration
as defined in 28 C.F.R. §§ 35.151(b) and 35.151(i) (2011). Where an
alteration occurs, a new curb ramp compliant with accessibility requirements
must be constructed rather than replacing the existing curb.
(“General Restoration of the Public Right-of-Way” added 8-8-2023 by
O-21701 N.S.; effective 1-1-2024.)

Construction, Reconstruction, or Asphalt Overlay

Excavators shall asphalt overlay in moratorium streets under moratorium due to new
construction, reconstruction, or asphalt overlay within 180 working days after the
City Engineer approves the trench repair as follows:

(a) Where the excavation is in the direction of traffic, the excavator shall asphalt
overlay the street from curb to curb or, where a raised median is present, from
the curb to the raised median for the length of the excavation area and the
excavation influence area on each end.

(b) Where the excavation is perpendicular to the direction of traffic, the excavator
shall asphalt overlay the street from curb to curb or, where a raised median is
present, from the curb to the raised median, for the length of the excavation
and the length of the excavation influence area.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

Table 62-12A

The excavation influence area extends around the perimeter of the excavation as follows:

follows:

(“Resurfacing Public Rights-of-Way” added 9–22–2003 by O–19215 N.S.) (Retitled to “Excavations on Streets Under an Excavation Moratorium Due to Reconstruction or Resurfacing” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (“Renumbered from Section 62.1208 to Section 62.1209, retitled from Excavations on Streets Under an Excavation Moratorium Due to Reconstruction or Resurfacing” to “Restoration of Moratorium Streets Under Excavation Moratorium Due to New Construction, Reconstruction, or Asphalt Overlay” and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

Slurry Seal

Excavators shall slurry seal in moratorium streets due to slurry seal and within
180 working days after the City Engineer’s acceptance of the repair work as follows:

(a) Where the excavation is in the direction of traffic, the excavator shall slurry
seal the street from curb to curb, or where a raised median is present, from the
curb to the median for the length of the excavation and the excavation
influence area.

(b) Where the excavation is perpendicular to the direction of traffic, the excavator
shall slurry seal the street from curb to curb, or where a raised median is
present, from the curb to the median for the length of the excavation and the
excavation influence area.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

Table 62-12B

The excavation influence area extends around the perimeter of the excavation as follows:

(“Repair of City Excavation” added 9–22–2003 by O–19215 N.S.) (Retitled to “Excavations on Streets Under a Excavation Moratorium Due to Slurry Seal” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Renumbered from Section 62.1209 to Section 62.1210, retitled from “Excavations on Streets Under Excavation Moratorium Due to Slurry Seal” to “Restoration of Moratorium Streets Under Excavation Moratorium Due to Slurry Seal” and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

(a) For major excavations in asphalt concrete streets other than moratorium streets, excavators shall:

(1) restore the trench as required by City Adopted Standards and asphalt
overlay the excavation influence areas within 180 days of the trench
cap;

(2) repair damage to the existing pavement from the excavation work as
determined by the City Engineer;

(3) if the trench or excavation influence area enters a bicycle lane, the
entire width of the bicycle lane shall be asphalt overlayed and
restriped for the length of the trench including the excavation influence
area; and

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(4) pay the Street Damage Fee under Municipal Code section 62.1216 for
the increased repaving and reconstruction costs incurred by the City
that are reasonably attributable to the impact of the major excavation
in the public right-of-way, or perform additional restoration in-lieu of
paying the Street Damage Fee as follows:

(A) repair and backfill the trench as required by City’s Adopted
Standards, and asphalt overlay the trench and all lanes affected
by the trench, including any lanes within the excavation
influence area within 180 days of the trench cap. If the
excavation perpendicular to the direction of traffic was done on
less than half of the width of the street as measured from curb
to curb, grind and asphalt overlay the affected area from the
toe of the gutter, or curb face if no gutter exists, to the
centerline of the street or to the centerline marking where
available;

(B) if the excavation only included installing one service lateral,
asphalt overlay the trench and the excavation influence areas
from curb to curb;

(C) if the excavation included installing more than one service lateral in one street segment (i.e., street block), asphalt overlay curb to curb from the excavation influence area of the first lateral excavation to the excavation influence area of the last lateral excavation;

(D) for any excavation larger than 3 feet by 3 feet, restore the
width of the affected lane for the length of the excavation
including the excavation influence areas, but in no
circumstance shall the restored area be less than 10 feet in
length; and

(E) repair any pavement damage outside the affected lane caused
by the excavation work.

(b) For minor excavations in asphalt concrete streets other than moratorium
streets, excavators shall:

(1) restore the trench per City Adopted Standards and asphalt overlay the
excavation influence areas;

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(2) repair damage to the existing pavement from the excavation work as
determined by the City Engineer; and

(3) if the trench or excavation influence area enters a bicycle lane, the
entire width of the bicycle lane shall be asphalt overlayed and
restriped for the length of the trench including the excavation influence
area; and

(4) pay the Street Damage Fee under Municipal Code section 62.1216 for
the increased repaving and reconstruction costs incurred by the City
that are reasonably attributable to the impact of the minor excavation
of the public right-of-way, or perform additional restoration in-lieu of
paying the Street Damage Fee as follows:

(A) repair and backfill the trench per City Adopted Standards,
asphalt overlay the trench and all lanes affected by the trench,
including any lanes within the excavation influence area within
180 days. If the excavation perpendicular to the direction of
traffic was done on less than half of the width of the street as
measured from curb to curb, grind and asphalt overlay the
affected area from the toe of the gutter, or curb face if no gutter
exists, to the centerline or to the centerline marking where
available;

(B) if the excavation included only one service lateral, asphalt
overlay the trench and the excavation influence areas from
curb to curb;

(C) if the excavation included installing more than one service
lateral in one street segment (i.e., street block), asphalt overlay
curb to curb from the excavation influence area of the first
lateral excavation to the excavation influence area of the last
lateral excavation;

(D) for any excavation larger than 3 feet by 3 feet restore the width
of the affected lane for the length of the excavation including
the excavation influence areas, but in no circumstance shall the
restored area be less than 10 feet in length; and

(E) repair any pavement damage outside the affected lane from the
excavation work.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(c) For any excavation in Portland cement concrete streets, including alleys,
excavators shall perform restoration as directed by the City Engineer in
accordance with the following:

(1) Excavators shall restore the entire Portland cement concrete panel extending beyond both sides of the trench to the nearest joint or to the edge of the adjacent gutter, if it exists, or to the face of the curb if no gutter exists. If an existing trench patch is 4 feet or less from the edge of the excavation, the restoration shall include removing the existing trench cap and replacing it as part of the new Portland cement concrete construction for the new panel.

(2) Excavators shall perform additional repairs to Portland cement
concrete to correct any damage caused during construction activities,
including those associated with increased damage to pavement due to
the use of large or heavy equipment during construction activities.
(“Establishment of Fund” added 9–22–2003 by O–19215 N.S.)
(Amended 11-14-2005 by O-19440 N.S.)
(Retitled to “Excavations Not Under an Excavation Moratorium” and amended
1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Renumbered from Section 62.1210 to Section 62.1211, retitled from “Excavations
Not Under an Excavation Moratorium” to “Additional Restoration of Streets Not
Under an Excavation Moratorium” and amended 8-8-2023 by O-21701 N.S.;
effective 1-1-2024.)

Nothing contained in this Division prohibits a public utility from taking the minimum actions necessary for the preservation of life or property or for the restoration of essential service provided by that public utility if such necessity arises when City offices are closed. The public utility shall notify the City through the Emergency Excavation Notification process prior to performing any excavation in the public right-of-way. The public utility shall then apply for a Public Right-of-Way Permit under Municipal Code section 129.0702, no later than 14 business days after excavation commences. The application for a Public Right-of-Way Permit under Municipal Code section 129.0702 shall include a written statement describing the basis of the emergency action, the excavation performed, and any work remaining to be performed. A Public Right-of-Way Permit under Municipal Code section 129.0702 shall not be valid until a final inspection of the excavation is performed and approved by the City. The public utility shall complete final street restorations within 60 days for major excavations and 7 days for minor excavations after completion of work.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(“Strict Compliance with Division Required” added 9–22–2003 by O–19215 N.S.) (Retitled to “Emergency Excavation” and amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)

(“Emergency Evacuation” renumbered from Section 62.1211 to Section 62.1212 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

Each facility owner is responsible for the quality of the excavation performed in the public right-of-way and is liable for the consequences of any condition of such excavation and any facilities installed in the public right-of- way. The issuance of any permit, inspection, repair or suggestion, approval or acquiescence of any person affiliated with the City shall not excuse any owner or agent from such responsibility or liability. (“Excavation and Trench Liability” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (“Excavation and Trench Liability” renumbered to from Section 62.1212 to Section 62.1213 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

To the extent permissible by law, excavators and their agents, successors, and assigns, shall indemnify, defend, protect and hold harmless the City, including, without limitation, each of its commissions, elected officials, departments, officers, agents, and employees from and against any and all actions, claims, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorney’s fees and costs of any kind allegedly arising directly or indirectly from:

(a) Any act, omission, or negligence by an excavator, its agents, contractors,
subcontractors, or the officers, agents or employees of such entities, while
engaged in the performance of the excavation authorized by the Public Right-
of-Way Permit, or while in or about the property subject to the Public Right-
of-Way Permit for any reason connected in any way whatsoever with the
performance of the excavation authorized by the Public Right-of-Way Permit
or allegedly resulting directly or indirectly from the maintenance or
installation of any facilities or structures authorized under the Public
Right-of-Way Permit;

(b) Any alleged act or omission of the City, not including allegations of the City’s
active or sole negligence or willful misconduct.

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(c) Any accident, damage, death, or injury to any excavator or its contractor or
subcontractor, or any officer, agent, or employee of either of them, while
engaged in the performance of the excavation authorized by the Public Right-
of-Way Permit or while in or about the property for any reason connected with
the performance of the excavation authorized by the Public Right-of-Way
Permit or arising from liens or claims for services rendered or labor or
materials furnished in or for the performance of the excavation authorized by
the Public Right-of-Way Permit;

(d) Any accident, damage, death, or injury to any persons or accident, damage, or
injury to any real or personal property upon, or in any way allegedly
connected with, the excavation authorized by the Public Right-of-Way Permit
from any cause or claims arising at any time; and

(e) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the excavation site subject to the Public Right-of-Way Permit. (“Indemnification of the City” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (“Indemnification of the City” renumbered from Section 62.1213 to Section 62.1214 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

To the extent permissible by law, excavators shall maintain in full force and effect, throughout the term of the Public Right-of-Way Permit, an insurance policy or policies, at their sole cost and expense, to provide coverage against claims for loss, including injuries to persons or damage to property, which may arise out of or in connection with the performance of the work by the excavator or its contractors issued by an insurance company or companies covering all operations, vehicles, and employees as follows:

(a) Commercial general liability insurance shall be written on the current version
of the ISO Occurrence form CG 00 01 07 98 or an equivalent form providing
coverage at least as broad. The policy shall cover liability arising from
premises and operations, XCU (explosions, collapse, and underground),
independent contractors, products/completed operations, personal injury and
advertising injury, bodily injury, and property damage. All costs should be
outside of policy limits. Policy coverage shall be in liability limits of not less
than $2,000,000 per occurrence and a $4,000,0000 aggregate.

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(1) The City and its respective elected officials, officers, employees,
agents and representatives shall be added as additional insureds on a
separate endorsement(s) delivered to the City prior to commencement
of work, on a policy form(s) at least as broad as the CG 20 10 11 85.
This additional insured coverage will not include indemnification for
the City’s active negligence.

(2) The policy shall be endorsed to provide that the coverage with respect
to operations, including the completed operations, if appropriate, of
the named insured is primary to any insurance or self-insurance of the
City and its elected officials, officers, employees, agents, and
representatives. Further, it shall provide that any insurance maintained
by the City and its elected officials, officers, employees, agents, and
representatives shall be in excess of the excavator’s insurance and
shall not contribute to it.

(b) Contractors’ pollution liability insurance written with a combined single limit
of not less than $1 million per claim or occurrence. Claims made policies shall
include a 12-month extended Claims Discovery Period applicable to the
excavation work or the existing policy or policies that shall continue to be
maintained for 12 months after the completion of the work.

(c) Automobile liability insurance written on the current version of the ISO form
CA 00 01 12 90 or later version or equivalent form providing coverage at least
as broad in the amount of $1 million combined single limit per accident,
coverage bodily injury and property damage for owned, non-owned and hired
automobiles.

(d) Workers Compensation and Employers Liability insurance as required by the
State of California, with Statutory Limits, and Employer’s Liability insurance
with a limit no less than $1 million per accident for bodily injury or disease.

The policy or policies shall be endorsed to provide that the insurer will waive
all rights of subrogation against the City and its respective elected officials,
officers, employees, agents, and representatives for losses paid under the
terms of the policy or policies and which arise from work performed by the
named insured.

(e) Policies providing excess coverage shall follow the form of the primary
policies, including all endorsements.

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(f) Should any of the required insurance be provided under a claims-made form,
the insured owner or its agent shall maintain such coverage continuously
throughout the term of the permit, and without lapse, for a period of three
years beyond the expiration or termination of the Public Right-of-Way Permit,
to the effect that should occurrences during the term of the permit give rise to
claims made after expiration or termination of the permit, such claims shall be
covered by such claims-made policies.

(g) Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit or provides that claims
investigation or legal defense costs be included in such general annual
aggregate limit, such general aggregate limit shall be double the occurrence or
claims limits specified in Municipal Code sections 62.1215(a) and
§62.1215(b).

(h) Certificates of insurance, in the form satisfactory to the City, evidencing all
coverage described above, shall be furnished to the City before issuance of a
permit, with complete copies of policies furnished promptly upon the City’s
request.

(i) Where an excavator is self-insured, the City may accept such self-insurance as
satisfying the requirements of Municipal Code section 62.1215 where the
excavator provides evidence to the City such guarantee via a bond or other
form of surety, no less broad and affording protection equivalent to the City as
the requirements specified in Municipal Code section 62.1215. Any
self-insurance, including any self-insured retention amounts, shall be
disclosed in writing to the City prior to the commencement of any work.
(“Insurance Requirements For Excavations in the Public-Right-of-Way” added
1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Renumbered from Section 62.1214 to Section 62.1215, retitled from “Insurance
Requirements For Excavations in the Public-Right-of-Way” to “Insurance
Requirements for Excavations in the Public Right-of-Way” and amended 8-8-2023
by O-21701 N.S.; effective 1-1-2024.)

Ch. Art. Div.
6 2 12 17

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

Each excavator shall pay to the City a Street Damage Fee to recover the increased repaving and reconstruction costs incurred by the City that are reasonably attributable to the impact of the excavation to the public right-of-way, unless the excavator performs additional restoration as described in Municipal Code section 62.1211(a)(4) or Municipal Code section 62.1211(b)(3) to account for such increased repaving and reconstruction costs or as otherwise provided by law. The amount of the Street Damage Fee shall be established by resolution of the San Diego City Council adopted under this Division and placed on file in the Office of the City Clerk. The Street Damage Fee Schedule shall be automatically adjusted every year on July 1 based on the RS Means Construction Cost Index, or a similar construction industry index selected by the City Manager if the RS Means Construction Cost Index is discontinued. The Street Damage Fee shall not exceed an amount reasonably necessary to recover the estimated costs, including but not limited to all administration, investigation, inspection, monitoring, reconstruction, slurry seal and resurfacing necessary to fully mitigate the damage and degradation caused by the excavations. The fee shall be the amount in effect on the date of issuance of a Public Right-of-Way Permit, or for Municipal Excavators the amount in effect on the date of commencement of the excavation. (“Street Damage Fee” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (“Street Damage Fee” renumbered from Section 62.1215 to Section 62.1216 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

Facility owners of wet utilities shall maintain, repair, or reconstruct the site of any excavation and the surface condition per City Adopted Standards or as specified by the City Engineer for 15 years after inspection and acceptance by the City. Facility owners of dry utilities shall maintain, repair, or reconstruct the site of any excavation and the surface condition per City Adopted Standards or as specified by the City Engineer for 10 years after inspection and acceptance by the City. Upon notification by the City of the need for maintenance, repair, or reconstruction, facility owners shall apply for a Public Right-of-Way Permit within 10 business days and complete corrective work within 90 calendar days after issuance of the permit. Safety issues shall be addressed immediately. (“Repair and Maintenance Obligation of Facility Owner” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

Ch. Art. Div. 6 2 12 18

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

It shall be unlawful, with the exception of municipal excavators, to excavate in violation of the following requirements:

(a) Excavators shall have the Public Right-of-Way Permit, any required Traffic
Control Permit, and any applicable excavation moratorium waiver
documentation available for inspection at the site of excavation.

(b) Excavators shall not excavate without providing proper notice to the
Underground Service Alert in accordance with Municipal Code
section 62.1204.

(c) Excavations shall not exceed the scope of excavation described within the
Public Right-of-Way Permit without the prior written approval of the City
Engineer.
(“Excavation Site Requirements” added 1-2-2013 by O-20231 N.S.; effective
2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

For areas with a decorative surface in the public right-of-way, excavators shall comply with the following additional requirements:

(a) Before disturbing any decorative surface, excavators shall provide
information to the City Engineer to establish that such disturbance is
necessary because alternative measures, such as rerouting, boring, jacking, or
scoping, cannot be used.

(b) Before commencing work on the decorative surface, excavators shall submit
to the City Engineer for approval, specifications designed to minimize
destruction and ensure restoration of the same quality of surface.

(c) Excavators shall deliver written notice to the City Engineer at least two
working days prior to starting construction or trenching that will involve any
disturbance of decorative surfaces in the public right-of-way. The notice shall
include the location and estimated start and completion dates. In the event of
an emergency, written notice shall be delivered to the City Engineer as soon
as possible after the start of construction.

(d) Excavators shall not damage adjacent surface material when removing a
decorative surface.

Ch. Art. Div.
6 2 12 19

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (1-2024)

(e) Excavators shall restore decorative surfaces, at no cost to the City, with
surfacing material that matches both the surface and the structural strength of
the adjacent surface.
(“Restoration of Decorative Surfaces” added 8-8-2023 by O-21701 N.S.; effective
1-1-2024.)

Ch. Art. Div. 6 2 12 20

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)